Terms and Conditions

 

1. Preface

1.1. Using, browsing, visiting or registering to any part of Teramusu.com website (including subdomains) or any other websites or applications owned by Teramusu.com (the "Website") (such user, browser or visitor shall be defined the "Client") the Client agrees to be legally bound by these Terms and Conditions and the Company's Privacy Policy (together the "Terms") and shall be deemed to have accepted and understood the Terms. The client hereby agrees that he read the Terms, understood, accepted and agreed to be bound by them. The Company strongly advises the Clients to fully read the Terms. In case the Client does not agree to the Terms, he shall not use the Website or any of its services or any other services provided by the Company.

1.2. The Company may change, from time to time and at its sole discretion, the Terms. Should the Client reject such change, the client shall cease using the Website and will delete his account. Should the Client keep on using the Website in a later date to a change to the Terms, the client shall be deemed as accepting those changes to the Terms.

1.3. The client shall make sufficient inquires whether accessing and/or using the Website is compliant with the applicable law in his jurisdiction and such use shall be deemed by the Company that online trading is not illegal in the Client's residing territory. Any other claim shall be considered as void and null.

1.4. Teramusu manages and operates by Arumas Ways OÜ, Roosikrantsi 2K 157, Tallinn city, Harju county, 10119, Estonia, under agreement with Agatha Limited, address 8 Copthall, Roseau Valley, 00152 Commonwealth of Dominica.

1.5 In providing access to online trading services via teramusu.com, the Company shall act in a honest, fair and professional manner for the best interests of its client and subject to the Terms while remaining fully liable to the Client.

2. Accounts

2.1. Applicants

The use of the Website and its services is permitted for applicants who are 18 or older. The Company, at its sole discretion, will ask for documentation and/or other means of identification and proofs for verifying the Client's age. The Company, at its sole discretion, shall suspend and/or delete the Client's account until the Company has been fully satisfied, at its sole discretion, with the documents presented by the Client.

2.2. Accounts

2.2.1. The Client shall set his own user name and password combination, unless they are not compatible with the Company's system requirements. The Client shall keep his user name and password confidential and shall not pass it to any other party. The Client shall bear the sole responsibility and liability for all the positions taken via his account and for all his decisions, choices, activities, omissions, refraining from acting and any other actions in relation to the account.

2.2.2. Should the Client have a reason to believe that his user name and/or password have been compromised and/or revealed by any third party, the Client shall upon gaining such knowledge change his user name and password through the Website.

3. Software and Technology

3.1. The Client has a personal recoverable right to use the software presented in the Website only for reasonable and lawful purposes and for executing actions for using the Website services. The Client shall not make any other use of the Website.

3.2. The Company shall not be liable in any case should the Website, or parts of the Website, be unavailable at any time and for any period. The Company reserves the right to make changes, corrections and/or alterations to the website and/or suspend, discontinue and/or halt parts of the Website and its services, the Content, products and/or access.

3.3. The Client shall not misuse and/or misappropriate the Website by the means of introducing viruses, Trojan horses, worms, logic bombs or any other form of material, digital or otherwise, that is or might be malicious or harmful to the Website and its related technologies. Furthermore, the Client shall not access, damage or disrupt the Website, or any of its parts, and/or any equipment or network related to the Website or to any other third party. The Client shall not attack the Website via, among others, denial-of-service-attack. The Company shall not be liable to any loss or damage caused by a distributed denial-of-service attack, viruses or any other harmful and disruptive material that might infect the Client's digital, or otherwise, equipment, programs, data or any other material due to the use of the Website, software or due to the Client downloading any material from the Website or from any website linked to it.

3.4. Account Suspension and Termination

3.4.1. The Client will terminate his account only by a written notice to the Company through Contact Us page, sent 30 days in advance. The client will not be able to terminate his account before the full payment of all outstanding fees and charges, as applicable, by the Client.

3.4.2. The Company reserves the right, at its sole discretion, to deactivate, suspend, terminate and/or activate the Client's account at any time and for any reason. Furthermore, the Company shall be entitled, at its sole discretion, to close, delete or suspend a Client's account due to the following:

a. The Client is bankrupt.

b. The Company reckons, at its sole discretion, that the Client has used the Website in a fraudulent manner and/or for unlawful or inappropriate purpose.

c. The Client violated the Terms.

d. The Company reckons the Client unfairly used the Website and/or deliberately misled, cheated or took unfair advantage of the Company and or any of its Clients and customers.

e. The Company is asked to do so by any authorized party.

3.4.3. Should the Client choose to close or suspend his account for the reasons mentioned in clauses a-d above, the client shall be liable and carry the responsibility for any and all claims, losses, liabilities, damages, costs and expenses whether any of them were directly or indirectly incurred by the Company or transpired by it and the Client shall indemnify the Company, its subsidiaries, directors, employees and any other party on the Company's behalf harmless on demand for such claims. Furthermore, the Company shall be entitled to withhold and/or retain any and all amounts and sums that would otherwise have been paid or payable to the Client, including any winnings, gains or payments.

3.4.4. The Company reserves the right to suspend, close and/or terminate the Client's account should the Client has not met with all compliance requirements for Client's verification, as they may change from time to time.

4. Clients

4.1. The Client shall bear the sole and full responsibility for any and all damages caused by the Client's inappropriate and/or illegal acts or failing to act in his account made by him or by a third party who have done so by using the Client's account.

4.2. The Client shall bear the sole and full responsibility for any decision, action or refraining from action that is based or relied on the Content presented at the Website as defined in paragraph 7.1 to the Terms. The Client acknowledges that the information, textual or otherwise, presented at the Website by the Company or any other third party does not constitute financial advice and/or recommendation to take or to refrain from action in regard to investments. The Client is strongly encouraged to search on his own for more information prior to making any investment. The Company and its directors, shareholders, staff, employees, affiliates and/or any third party associated with the Company shall not be liable and/or responsible for any legal action or plea for providing the Content or for any decision based on the Content.

4.3. The Company shall not bear any responsibility for any losses of any kind due to transactions carried out on the Website and/or the Company's platform.

5. Risk Disclosure

5.1. Trading on the Cryptocurrencies assets may carry a significant risk. The client, by using the Website, acknowledges that he fully understands that minor and minute changes in Cryptocurrencies assets prices and values occur during certain time frames and that they may result in significant losses or profits that will be carried by the Client.

5.2. The Client acknowledges and understands that there is no scheme that guarantees profits from Cryptocurrencies transactions or from any other investment transactions. The Client is advised to avoid dangerous risks and not to invest funds that are meant for the Client's wellbeing or survival. The Client shall solely carry the responsibility for determining whether Cryptocurrencies trading fits his financial resources.

5.3. The Client further acknowledges that:

5.3.1. The Client understands the risks involved with online trading and he is solely responsible for his transactions,

5.3.2. By using the Website, the Client accepts the aforementioned risks related to online trading,

5.3.3. By using the Website, the Client accepts the aforementioned risks related to Cryptocurrencies trading

5.3.4. The client read the Terms and comprehends the possible results and consequences of both successful and unsuccessful Cryptocurrencies trades,

5.3.5. The Company advises that the Client would consult a legal adviser and/or a tax consultant prior to making any Cryptocurrencies transactions and prior to using any of the Website's services.

6. Funds

6.1. Deposits & Withdrawal

6.1.1. The Client shall deposit money in his account prior to any trade on the Website. Prior to any withdrawal, the Client shall comply with the Company's compliance procedures as regulated by the Terms.

6.1.2. The Company's withdrawal process is executed in accordance with anti-money laundering regulations, as applicable, and the relevant regulation that transpires from them. The Company makes withdrawals via wire transfer and/or credit card. The minimum amount for a wire withdrawal is USD 250, the maximum is USD 50,000. For any other method of withdrawal, the minimum amount is USD/EUR/GBP 100, there is no maximum limit. The Client may fund his account via up to two credit cards. The Company shall not accept more than two credit cards for funding the Client's account.

6.2. Fees

Should an account remain inactive for a period of more than three months, the account will be automatically categorized as "Dormant Account". The Company shall charge a monthly fee for a Dormant Account that will be deducted from the Client's account.

7. The Website

 

7.1. Information and Content

The Client shall not make any other use of the information and the Content provided at the Website except for personal use. The Client shall not distribute the Content or exploit it for commercial purposes. The Client acknowledges that the Company does not warrant uninterrupted provision of the Content, its accuracy or any future results obtained through its use. The Content does not constitute as financial advice and/or financial recommendations and it is solely provided as an informational service. The Client shall not rely on the Website's Content and will act at his sole discretion and at its own risk.

7.2. The Client's Devices

The type and quality of the Client's digital devices and internet connection may affect how the Website performs. The Company does not guarantee flawless, uninterrupted, accurate and bugs free operation of the Website and its services. The Company shall not be liable for any failure or any other issue that transpires from the Client's digital devices, internet connection or internet providers.

7.3. Fair Use

7.3.1. The Website provides Cryptocurrencies trading services to its Clients. The Client shall use the Website and its services for that purpose and for no other purpose.

7.3.2. The client shall not use the Website for illegal, defamatory, abusive or obscene purposes or for any purpose the Company may regard as discriminatory, fraudulent, dishonest or unacceptable.

7.3.3. The Company shall pursue criminal and civil sanctions against any Client involved in fraudulent, dishonest or criminal activities through the Website or in connection with the Website and its services. The Company shall withhold payments of any kind to the Client, whom the Company suspects acted in one of the abovementioned manners. The Client shall indemnify the Company and shall be liable to pay to the Company on its first demand including all costs and expenses related to claims, demands, damages, lawsuits or any of the kind that directly or indirectly transpire from a Client's fraudulent, dishonest or criminal act.

7.4. The Website & IT

7.4.1. The Client shall use the Website only for the use of the products made available by the Company and as applicable by law.

7.4.2. The Company grants the Client a personal, non-exclusive, non-transferable right of usage of the Website for the sole purpose of Cryptocurrencies trading via the Website under the following terms:

a. The Website is provided "as is" free of warranties, conditions, undertakings or representations whether legally expressed, implied or otherwise.

b. The Company excludes from the usage of the Website any implied terms, conditions and warranties, including its merchantability, quality and fitness for any particular purpose.

c. The Company does not warrant that the Website will meet the Client's expectations, that the Website will be available free of interruptions and that any defect in the Website will be fixed.

7.4.3. The Company shall not be liable, should for any reason whatsoever the Website will be unavailable for use for any length of time. The Company reserves the right to make changes and alterations to the Website in addition to suspending and/or discontinuing any parts of the Website and its content, services or products including the Client's access to the Website.

7.5. Intellectual Property

The Website, and all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, url addresses, technology, documentation, interactive features and related services (and any derivative works or enhancements of the same) (collectively, the "Content") and all intellectual property rights to the Content are owned by the Company and/or by third parties. The Terms shall not grant the Client any rights related or in connection with the Content, except for a limited, revocable, non-transferable and non-sub licensable right and license to access and use such Content solely for personal and non-commercial purposes. Furthermore, all trademarks, service marks, trade names and trade dress that may appear on the Website or the Content are owned by us, our licensors, or both. Except for the limited license granted under this Section, the Client shall not acquire any right, title or interest in the Website or Content. Any rights not expressly granted in these Terms are expressly reserved.

7.6. Limitations of Liability

UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, SUCCESSORS, AGENTS, AFFILIATES, SUBSIDIARIES OR RELATED COMPANIES OR ANY THIRD PARTY WORKING WITH THE COMPANY BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS OR LOST DATA (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE SERVICES, INCLUDING WITHOUT LIMITATION, THE WEBSITE, SOFTWARE, THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH OUR WEBSITE OR SERVICES IS TO STOP USING OUR WEBSITE AND SERVICES. THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS, OR INFORMATION RECEIVED THROUGH OR IN CONNECTION WITH OUR SITE OR SERVICES OR ANY LINKS PROVIDED VIA ANY OF THE FOREGOING. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. REGARDLESS OF ANY INFORMATION YOU HAVE RECEIVED TO THE CONTRARY, IN NO EVENT SHALL OUR CUMULATIVE LIABILITY OR THAT OF OUR OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, SUCCESSORS, AGENTS, AFFILIATES, SUBSIDIARIES AND THEIR RELATED COMPANIES EXCEED THE TOTAL SUM OF $500. FURTHERMORE, THE CLIENT AGREES THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATED TO, OR IN ANY WAY CONNECTED WITH OUR SITE, SERVICES OR THESE TERMS AND CONDITIONS MUST COMMENCE WITHIN SIX (6) MONTHS AFTER THE CAUSE OF ACTION ACCRUES. CAUSES OF ACTION BROUGHT OUTSIDE THIS TIME PERIOD ARE WAIVED.

7.7. Miscellaneous

7.7.1. The Terms and any other document expressly referred to in them and any guidelines or rules posted on the Website constitute the entire agreement and understanding between the Client and the Company. The Terms shall supersede any previous agreement between the Company and the Client. The Client acknowledges and agrees that in entering into and agreeing to the Terms, the Client does not rely on, and shall have no remedy in respect of any statement, representation, warranty, understanding, or assurance of any person (whether a party to this agreement or not) other than as expressly set out in the Terms. Nothing in this paragraph shall limit or exclude any liability for fraud or fraudulent misrepresentation.

7.7.2. Any delay, failure to act or omission, wholly or partly, in pursuing, enforcing, exercising or executing any right, power, claim, remedy or privilege conferred by or transpiring from the Terms or by law shall not be construed as a waiver of any other right, power, claim, remedy or privilege of other future, current or past cases, disputes and / or disagreements between the Company and the Client.

7.7.3. Should any relevant authority of competent jurisdiction decides that a term of the Terms is invalid or unenforceable, such invalidity or unenforceability shall not affect other terms of the Terms and they shall remain valid, enforceable and in full effect.

7.7.4. The Terms shall not constitute or be deemed as constituting any partnership, joint venture or principal-agent relationship between the Company and any of its Clients. No party to the Terms shall be entitled to bind any other party in any way unless otherwise expressly stipulated in the Terms.

7.7.5. The Company shall not be deemed in breach of the Terms nor shall it be liable for any delay, halt or failure to execute any of its obligation should such delay, halt or failure to execute transpires from an event, circumstance or cause beyond the Company's reasonable control including (without limitation) any telecommunications failures, power failures, failures in third party computer hardware or software, fire, lightning, flood, severe weather, industrial disputes or lock-outs, terrorist activity and acts of governmental authorities or other competent authorities. In such circumstances the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed.

7.7.6. The Company may assign, transfer, charge, sub-license or deal in any other manner with the Terms or sub-contract any of the Company's rights and obligations under the Terms to any party.

7.7.7. For filing a request or a complaint about our services, the Client shall contact the Company's support team. The Company shall investigate the complaint and will send a response in 72 hours. Complaints regarding the outcome of a transaction or a trade that are not resolved shall be categorized as a dispute. In case the Client is not satisfied with the Company's solution, the Client is entitled to extend the complaint to dispute resolution by sending an email to disputes@teramusu.com. The Client shall be entitled for dispute resolution only after trying to solve the issue via the support team.

7.7.8. The Terms shall be construed in accordance with the laws of Estonia without regard to its conflict of laws rules.

7.7.9. Any claim or dispute between the Client and the Company that transpires wholly or partly from the Client's use of the Website shall be governed and decided exclusively by arbitration in London, UK, under ICC Rules, and the Client hereby consent to, and irrevocably waive all defenses of lack of personal jurisdiction and forum non convenient with respect to venue and jurisdiction in arbitration in London, UK.